Immobilizing Migrants, César Cuauhtémoc García Hernández

Michigan Law Review

A review of The Migrant’s Jail: An American History of Mass Incarceration. By Brianna Nofil.

Reflections And Revisionism: Rethinking The U.S. Response To Covid-19, Wendy E. Parmet

Michigan Law Review

A review of In Covid’s Wake: How Our Politics Failed Us. By Stephen Macedo and Frances Lee.

Fourth Amendment Anti-Theory, Matthew Tokson

Michigan Law Review

A review of The Digital Fourth Amendment: Privacy and Policing in Our Online World. By Orin Kerr.

Legal Ethics Of Ai Snake Oil: Navigating The Hype, Harm, And Hope Of Legal Ai, Drew Simshaw

Michigan Law Review

A review of AI Snake Oil.By Arvind Narayanan and Sayash Kapoor.

The Three (3) Eras Of Compstat, Through Cultural Change. Lessons From The Past, Present And Future, Kevin Brown

Student Theses

Abstract

Using data and information from respondent surveys of current and former NYPD police executives, this study examines the cultural change, impact, and effectiveness of the NYPD’s CompStat system from the perspective of superior officers who have participated in it since its inception. CompStat was introduced in 1994 by NYPD, Police Commissioner, William Bratton.  Achieving cultural change in any police organization can be a monumental task, requiring CompStat’s transformational methods of data-driven accountability and four core principles that are aligned with organizational transformation evidence: timely intelligence, rapid deployment, effective tactics, and relentless follow-up.  This research explores how these principles have …

Lessons Learned: Helping Researchers Help The Intelligence Community, Sydney Rose Rothstein, Kristen Patel, Arthur Paul Pedersen

Public Administration - All Scholarship

The present paper argues that decades of debate have not established whether Analysis of Competing Hypotheses (ACH) works in intelligence analysis. Reviewing more than fifty English-language studies and commentaries from 2025 – 2026, it identifies only eight empirical, direct tests of ACH relevant to intelligence work, none of which demonstrates success or failure at improving analytic decision-making. It traces a conceptual error in these otherwise methodologically sound experiments to Richards J. Heuer Jr.’s 1999 Psychology of Intelligence Analysis: researchers conflated Heuer’s account of satisficing with confirmation bias and evaluated individual accuracy, belief change, or hypothesis ranking rather than whether …

The Post-Process Apostasy: Canaries, Calculators And Cathedrals, Thomas O. Main

University of the Pacific Law Review

No abstract provided.

Resistance Is Not Futile: Lawyers Who Left Government Service In Furtherance Of Professional Duties, Mary-Beth Moylan

University of the Pacific Law Review

No abstract provided.

Originalism And Saving The Constitution, Michael Vitiello

University of the Pacific Law Review

No abstract provided.

The Degradation Of Prices: Platform Power, The Erosion Of Price Comparison, And Rebuilding Comparison Shopping In The Digital Economy, Stephanie T. Nguyen, Shaoul Sussman

Center for Law and the Economy

The ability to know the price of a product or service and then compare prices of similar products or services is a foundational cornerstone of consumer choice and competitive markets. Once, buyers could more easily compare identical products across multiple sellers. However, this process has systematically degraded over time and has become increasingly difficult to do in practice. When prices are a reliable signal of product and market value, consumers can make informed purchasing decisions and sellers can compete for business by offering more attractive prices to consumers. This is a core market force that keeps price levels in check …

Controlling The Narrative:Copyright’S Derivative Rights Doctrine & Semiotic Disobedience In The Age Of Ai, John Tehranian

Vanderbilt Journal of Entertainment & Technology Law

This Article argues that copyright’s derivative rights doctrine—long treated as a technical mechanism of market control—has operated as a powerful but underexamined tool of epistemic governance. As the doctrine’s scope has expanded, it has increasingly privileged dominant narratives while recasting resistive ones as acts of infringement. Drawing on historical and contemporary case studies—from the largely forgotten copyright disputes over the English translations of Mein Kampf and Bambi on the eve of World War II to the infamous stand-off between Wall Street’s Charging Bull and Fearless Girl statues—the Article demonstrates how derivative rights have been deployed to suppress what Sonya Katyal …

Who's Afraid Of Copyright And Ai?, Deborah R. Gerhardt

Vanderbilt Journal of Entertainment & Technology Law

Copyright and AI need not be a copyright no man’s land. Recent decisions by the Copyright Office have gotten so much media attention that many creators are unsure if they can secure copyright protection if they use AI as a creative tool. The proposed creative control paradigm can help us all tackle the challenge of determining when works created with the assistance of AI are copyrightable. Instead of relying on long-established nuanced precedent for protecting works generated with new technology, the Copyright Office asserts that any content generated with assistance from AI tools is unprotectable. This position is radically inconsistent …

Artificial Personhood: The Implications Of Recognizing The Legal Personhood Of Artificialintelligence, Daniel C. Borges

Vanderbilt Journal of Entertainment & Technology Law

Artificial intelligence (AI) is here in a big way. As society grapples with the implications of this profound new technology, the question of whether AI entities should be granted independent legal recognition, akin to human personhood, has emerged as a pivotal topic in jurisprudence. This Article explores the foundations, evolution, and implications of AI personhood, addressing philosophical perspectives, the development of personhood as a legal fiction (with specific emphasis on corporate personhood), and the need for AI personhood to counter the risks posed by rapidly developing AI technology. It defines the "AI person" as one whose legal recognition furthers a …

The School To Prison Pipeline From The Inside Out: Survivor Narraitves, Nina M. Koufalias

Dissertations

This dissertation examines the lived experiences of two Latino men who traversed the school-to-prison pipeline in the 1980s. The purpose of this study is to investigate how intersecting systems of racism, ableism, poverty, and exclusionary school practices shaped their educational trajectories and contributed to their incarceration. Three overarching research questions guide this inquiry: (1) What can be learned from the stories of two formerly incarcerated relatives that sheds light on how the school-to-prison pipeline is lived? (2) How do their narratives illustrate the impacts of exclusionary discipline policies, such as zero-tolerance, on educational opportunities and life outcomes? (3) How does …

Investigating The Detection Ability Of Presumptive Bloodstain Testing Through Concealment Obstacles, Skye E. Lehr

Student Theses

Bloodstain detection can provide valuable information on the ability of presumptive tests. When perpetrators seek to alter the scene of violent crimes to interfere with investigations or flee from justice, crime scene investigation becomes more complex. In this analysis, scenarios where bloodstain evidence is attempted to be removed by household cleaners and covered up by acrylic or oil-based paint, are tested using luminol and Kastle-Meyer direct testing. These bloodstains have been altered by bleach, dish soap or all-purpose cleaner and covered under multiple layers of acrylic or oil-based paint. Evidence is documented both photographically and visually to simulate crime scene …

Symposium Introduction, David Orentlicher

Nevada Law Journal

No abstract provided.

Threats And Political Violence, J. Richard Broughton

Nevada Law Journal

No abstract provided.

It’S Not A Constitutional Crisis, It’S A Course Correction, Mark Rush

Nevada Law Journal

No abstract provided.

Textualism, The Fourteenth Amendment’S Citizenship Clause, “Subject To The Jurisdiction Thereof,” And Whether Article Iii’S Treason Clause Could Be The Answer, Christian Ketter

Nevada Law Journal

No abstract provided.

Privacy As A Democratic Guardrail: A Case For Fourth Amendment Constraints On Micro-Targeted Rhetoric, Susan Tanner

Nevada Law Journal

No abstract provided.

Of, By, And For, Steven L. Winter

Nevada Law Journal

No abstract provided.

Beyond Contract Law: Expanding Legal Education In Construction Management, Grace M. Hetland

Construction Management

The California Polytechnic State University Construction Management (CM) program is designed to prepare students for the managerial responsibilities of the construction industry. However, construction projects involve a broad range of legal considerations that extend beyond traditional contract administration. While the CM curriculum currently includes a course focused on construction contract law, there is limited exposure to other legal disciplines that frequently affect construction professionals throughout the project lifecycle. This research explores the potential value of expanding construction law education in the CM curriculum by implementing an additional topics course as an elective for students. To determine which legal subjects would …

Ai, Medicine, And Social Determinants Of Health Data, Ryan Doyloo, Nicholson Price

Articles

This article examines how medical AI systems are incorporating SDoH data and the governance challenges that follow. The authors show that while SDoH integration can enhance clinical workflows and predictive accuracy — potentially improving outcomes for underserved populations — it also introduces acute risks of proxy discrimination, where facially neutral variables replicate protected characteristics. Surveying U.S., EU, and international frameworks, the authors argue that existing regimes lack clear ex ante guidance to distinguish beneficial from harmful uses of SDoH data. In response, they advance post-market monitoring as a pragmatic and scalable pathway: generating real-world, SDoH-stratified evidence that can support enforcement, …

Ndls Communicator: Week Of 06.01.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School’s Religious Liberty Clinic Advises Catholic Dioceses on Best Practices for Organizational Governance

Student News

• The Notre Dame Exoneration Justice Clinic (EJC) hosted a welcome picnic yesterday for this year’s cohort of students joining the EJC’s summer internship program
• Perla Khattar, J.S.D. candidate

Alumni News

• Thomas Curtin, ‘68 J.D.
• Batul Ather, ’24 J.D. 

Faculty Briefs

• Paolo Carozza
• Paolo Carozza & Msgr. John Paul Kimes
• Paul Miller
• Carter Snead
• Derek Muller
• Lloyd Mayer
• Daniel Slate
• Devan Patel, 20' J.D.
• Dan Kelly, former colleague

Around the Watercooler

• Happy Birthday to celebrants in May
• ND Well-Being Reminders …

Option Market Value-Based Reaction And Anticipation Of Corporate-Related Decisions By The United States Supreme Court., Yehuda Davis, Suresh Govindaraj, Yi Liu, Kate Suslava

Faculty Journal Articles

Our paper studies the option market reactions to judicial decisions in the United States Supreme Court (SCOTUS) relating to cases where at least one party involved is a public firm. Prior research finds the stock market is unable to anticipate SCOTUS's actions and registers a significant negative stock market reaction to the grant of certiorari (acceptance of a petition to review a lower court's decision) for respondents and, surprisingly, for petitioners as well. We show the negative price reaction for both petitioner and respondent firms is a consequence of increased uncertainty. We also provide evidence that on the day certiorari …

Non-Judicial Mechanism For Resolving Past Human Rights Violence In Indonesia; How Does It Redress Women Victims Of Sexual Violence?, Sri Wiyanti Eddyono, Audrey Anggita Ayuningtyas

The Indonesian Journal of Socio-Legal Studies

This paper examines whether the Indonesian government's non-judicial settlement for addressing past gross human rights violations (PGHRV) offers redress for the victims of sexual violence of past human rights violations. Indonesia has grappled to address past human rights violations through formal justice mechanisms. There are about 12 unresolved cases, more than half of which concerning sexual violence during conflict. This paper combined a socio-legal approach with mixed methods to gather data on the issue PGHRV: desk research and interviews with key persons involved in the non-judicial mechanism. Due to the heavy political pressure, the formal judicial mechanism reached a dead …

Rehabilitation Or Retribution? A Socio-Legal Comparison Of Criminal Sanctions And Social Reintegration In Indonesia And Spain, Ridwan Arifin, Izan Mateo Cassandro

The Indonesian Journal of Socio-Legal Studies

This study examines the legal, institutional, and socio-cultural mechanisms influencing the social reintegration of ex-offenders in Indonesia and Spain. Despite a global trend toward rehabilitative approaches, practical implementation reveals significant divergence due to structural, cultural, and economic factors. Indonesia’s penal system, guided by Law No. 22 of 2022 and the new Criminal Code (KUHP), emphasizes statutory rehabilitation and vocational and spiritual programs. However, challenges such as prison overcrowding, limited post-release support, and societal stigma constrain effectiveness. Judicial decisions indicate cautious application of restorative provisions, reflecting both public expectations and institutional limitations. In Spain, rehabilitation is constitutionally entrenched under Article 25(2) …

Science-Related Rhetoric And Action By United States Presidents From 1977-2017, Amanda E. Shea

Interdisciplinary Studies

Presidential rhetoric and executive action have played an important role in shaping how scientific issues are presented to the American public. This project examined how United States presidents from Jimmy Carter through Barack Obama (1977–2017) employed science-related rhetoric and policy regarding climate science and reproductive health. Findings suggest that reproductive health remained a partisan issue throughout the study period, while climate science shifted from a largely bipartisan concern to a more partisan one over time. The results also indicate that presidential rhetoric and executive action were not always aligned, with several administrations using science-related rhetoric more extensively than corresponding policy.

Speak Up, Pay Up: Why New York Should Enact The Speak Your Truth Act And End The Chilling Effect On Sexual Assault Survivors Following The #Metoo Era, Maya Burnette

Journal of Law and Policy

Sexual assault is one of the most prevalent forms of violence in the United States. It is also one of the least reported. With criminal and civil avenues often providing little justice, many survivors turned to the public to tell their stories. In the wake of the #MeToo movement, thousands of survivors publicly shared their experiences, prompting significant social and legislative change. Yet many who spoke out faced retaliatory defamation lawsuits filed by alleged abusers to silence them. These suits, commonly known as Strategic Lawsuits Against Public Participation (“SLAPP suits”), pose a substantial threat to survivors’ speech. Despite recent reforms, …

Environmental Repair In The Energy Transition, Martin Lockman

Faculty Publications

For nearly a century, American laws have required mines, oil and gas companies, and other potentially hazardous industries to restore land affected by their activities to a safe condition when they are done with it. These laws represent a grand bargain—they allow operators to make profitable but damaging use of land today in exchange for the promise of expensive remediation tomorrow. However, this bargain has proven hard to enforce. Dozens of “zombie” mines scar mountains in Kentucky. Unrecorded “orphaned” wells poison groundwater in Texas. Over the past century, these laws have become the center of a legal arms race. Fossil …